HomeMy WebLinkAbout2002-01-16 PACKET 04.C.R�QUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 1 /16/02 . � •
PREPARED BY: Community Development Kim Lindquist
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST
Consider approving a variance to permit construction of a 156 square foot detached accessory
structure between the front property line and the principal structure at 8171 River Acres Road.
STAFF RECOMMENDATION
Adopt the resolution approving a variance to permit construction of a detached accessory
structure in front of the principal structure at 8171 River Acres Road.
ADVISORY COMMISSION ACTION
DATE
12/17/01
REVIEWED
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APPROVED
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DENIED
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� PLANNING
❑ PUBLIC SAFETY
❑ PUBLIC WORKS
❑ PARKS AND RECREATION
❑ HUMAN SERVICES/RIGHTS
❑ ECONOMIC DEV. AUTHORITY
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SUPPORTING DOCUMENTS
� MEMO/LETTER: Memo from John McCool dated 1/9/02
� RESOLUTION: Draft
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
� OTHER: 1) Staff report and exhibits
2) Excerpt from unapproved minutes of the Planning Commission
meeting on 12/17/02
ADMINISTRATORS COMMENTS
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City Administrator Date
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COUNCIL ACTION TAKEN: dAPPROVED ❑ DE IED ❑ OTHER
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MEMORANDUM
TO: Honorable Mayor and City Council
Ryan Schroeder, City Administrator
FROM: John McCool, Senior Planner
DATE: January 9, 2002
RE: Accessory Structure Variance for Maynard Wellman, 8171 River Acres Road
Introduction
The applicant is requesting approval of a variance to permit construction of a detached acces-
sory structure (156 square feet) between the front property line and the principal structure. The
reason for the request is because the property also fronts on the Mississippi River, and from
an access and aesthetic perspective the structure should be located on the north side of the
principal structure. A variance for a larger accessory garage was previously approved for the
site.
Discussion
The Planning Commission reviewed the item at their December meeting and unanimously rec-
ommended approval of the request. The applicant was present and had nothing to add to the
staff report. No one spoke for or against the item during the public hearing; however, staff had
received a letter in support of the request from a neighbor at 8222 River Acres Road. The DNR
also forwarded a letter because the property is located in the Critical Area and governed by the
additional regulations. The proposal is not inconsistent with the Critical Area regulations and
no variance from those standards is necessary.
There have been other incidences where staff has supported a variance of this nature. Often
support is based upon the size of the lot and or the distance of the principal structure from the
front property line. While this situation is different, the presence of the River clearly makes the
proposal unique. In recognition that other properties have similarly sited accessory structures,
and due to the other city policies relating to the River, staff and the Planning Commission sup-
port the request.
Conclusion
There are two options available to the City Council for disposition of the request:
Approve the request. Planning staff supports the variance application relating to the front
yard setback requirements because the existing dwelling is approximately 122 feet from the
Mayor, City Council, and Ryan Schroeder
Jat�uary 9, 2002
Page 2 of 2
front property line and about 120 feet from the Mississippi River. Placement of the proposed
accessory structure in the rear yard would obstruct the view of the river from the house, addi-
tional trees would have to be removed, and would appear to violate the minimum 100-foot
setback from the normal water elevation of the River.
Deny the request. Contrary to similar applications previously approved by the City, the vari-
ance application could be denied because the property already has an accessory building in
the front yard area. Because City ordinance would allow another accessory building on the
property so long as it is less than 160 square feet, it is not recommended that this option be
approved.
Recommendation
Adopt the draft resolution.
RESOLUTION NO. 02-XXX
A RESOLUTION APPROVING AVARIANCE TO TITLE 11-3-3, ACCESSORY
STRUCTURES, OF THE CITY CODE TO ALLOW CONSTRUCTION OF A
156 SQUARE FOOTACCESSORY STRUCTURE IN FRONT OF THE PRINCIPAL
STRUCTURE AT 8171 RIVER ACRES ROAD
WHEREAS, Maynard Wellman has applied for a variance from Title 11-3-3, Accessory
Structures, of the City Code to allow construction of a 156 square foot accessory structure in front
of the principal structure on the property legally described as:
Lot 9, Houses River Acres, Cottage Grove, Washington County, State of
Minnesota.
Commonly known as 8171 River Acres Road, Cottage Grove, Washington
County, State of Minnesota.
WHEREAS, the Planning Commission of the City of Cottage Grove held a public hear-
ing and reviewed the applications at their meeting on December 17, 2001; and
WHEREAS, a planning staff report was
information on the property and the application
actions by the City; and
prepared and presented, which detailed specific
request, the ordinance criteria, and past related
WHEREAS, the public hearing was open for public testimony. The applicant was present
at the meeting; and
WHEREAS, the Planning Commission reviewed the criteria and findings established by
the Zoning Ordinance for granting a variance. A summary of this criteria is as follows: 1) It
must be determined that there are unique conditions that apply to the structure or land in
question that do not generally apply to other land or structures in the same district; 2) That
granting a variance must not merely serve as a convenience to the applicant but must be nec-
essary to alleviate a demonstrable hardship or difficulty from the City's ordinance; and 3)
Granting the variance must not impair health, safety, comfort, or morals or in any respect, or
be contrary to the intent of the Zoning Ordinance or the Comprehensive Plan. The City may
impose conditions and safeguards in granting any variance.
Resolution No. 02-�;XX
Page 2 of 3
WHEREAS, the Planning Commission unanimously recommended to the City Council
that the variance shall be granted.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Cottage Grove,
Washington County, Minnesota, hereby approves the variances Title 11-3-3, Accessory Struc-
tures, of the City Code to allow construction of a 156 square foot accessory structure in front of
the principal structure on the property legally described above. Granting of this variance is based
upon the following findings of fact:
A. The proposed accessory structure cannot be built in the side yards of the princi-
pal structure without removing additional trees and reducing the minimum side
yard requirements.
B. If the proposed accessory structure were constructed on the sides or River side
of the principal dwelling, it would be inconsistent with the Critical Overlay District
guidelines relative to the preservation of scenic views from the River.
C. Variances to front yard setback requirements for accessory structures have been
granted to other properties in this particular neighborhood (House's Island View
and House's River Acre subdivisions) that have similar property characteristics
(i.e.; lot size, layout, etc.).
D. The provisions of the Mississippi River Corridor Critical Area Overlay District
were considered, and it was determined that the proposed accessory structure
will not adversely impact any of the criteria listed in Title 11-15 of the City Codes.
E. The new 12-foot by 13-foot accessory building will be farther away from the front
property line than the setback for the existing 24-foot by 32-foot accessory build-
ing that is located in the northwest corner of the site, which previously received a
variance.
F. This property and other neighboring properties are zoned R-4, Low Density Resi-
dential and either have frontage along the Mississippi River or are situated along
a bluff elevation overlooking the River. Residential structures in this particular
neighborhood were placed on the lot to take advantage of the river view. For
these reasons, the property has unique conditions that would not generally apply
to other areas zoned R-4 in the City.
BE IT FURTHER RESOLVED, the approval of the variance is subject to the following
conditions:
The applicant must receive a building permit to complete the construction of the
12-foot by 13-foot accessory structure and pay double the building permit fee
amount for beginning construction without a building permit. All applicable in-
spections should be completed before continued construction of the structure.
2. The proposed accessory structure's floor elevation shall be a minimum of 700
feet above mean sea level as established by Title 11-12-2(B) of the City Codes.
Resolution No. 02-�;XX
Page 3 of 3
3. The exterior materials and color for the 12-foot by 13-foot accessory building
shall be consistent with exterior materials and color used for the existing 24-foot
by 32-foot accessory structure and home located on this property.
Passed this 16th day of January, 2002.
Sandra Shiely, Mayor
Attest:
Caron M. Stransky, City Clerk
STAFF REPORT CASE: V01-083
ITEM: 6.1
PUBLIC MEETING DATE: 12/17/01 TENTATIVE COUNCIL REVIEW DATE: 1/16/02
APPLICATION
APPLICANT:
REQUEST:
Maynard Wellman
A variance to Title 11-3-3B of the City Code to allow construction of a 156
square foot accessory structure in front of the principal structure.
SITE DATA
LOCATION:
ZONING:
CONTIGUOUS
LAND USE:
NORTH:
EAST:
SOUTH:
WEST:
SIZE:
DENSITY:
8171 River Acres Road
R-4, Low Density Residential
Residential
Residential
River
Residential
Accessory structure = 156 square feet (12' X 13')
N/A
RECOMMENDATION
Approval, subject to the conditions stipulated in this staff report.
COTTAGE GROVE PLANN/NG DIVISION
G:�2001\Planning Cases\083V Wellman Shed-dec17\083V Wellman Shed SR cover-dec17.doc
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Planning Staff Report
Case V01-083
December 17, 2001
Proposal
Maynard Wellman, 8171 River Acres Road has filed a variance application to Title 11-3-E(3) of
the City Code to construct an accessory structure nearer to the front property line than his home.
The north side of the property is the front lot line with the south being the Mississippi River. Mr.
Wellman has started construction of the 12-foot by 13-foot (156 square feet) wood-framed acces-
sory structure. This accessory structure is 74 feet south of the front property line and 16 feet from
the east property line. The building is 16 feet in height and is the second accessory structure on
the property.
A site plan depicting the general layout of the property is shown in Exhibit A.
Background
A building permit was issued on February 16, 1973, for the construction of the 38-foot by 48-foot
dwelling. A 32-foot by 28-foot addition to the home was constructed in 1982.
On November 4, 1987, the City Council granted a variance from the front yard setback require-
ment for a 24-foot by 32-foot (768 square feet) accessory building to be placed closer to the front
lot line than the principal structure. This structure was constructed in 1993.
On October 23, 2001, the Building Division received a building permit application and construc-
tion plans from Mr. Wellman. A building permit was not issued because the size of the building
(12 feet by 14 feet) exceeded the 160 square foot limitation in order to have a second accessory
structure on the property and that it was located in the front yard. Planning staff discussed this
matter with Mr. Wellman on October 29, 2001. Mr. Wellman decided to reduce the building's size
to 12 feet by 13 feet and file a variance application
Planning Considerations
Ordinance Criteria
The property is zoned R-4, Low Density Residential District and is not served with city sanitary
sewer or water. Because the dwelling is served with an individual sewage treatment system
(ISTS), city ordinance requires the lot area to be a minimum of 1.5 acres of land. The parcel is
100 feet wide with an average depth of 279.8 feet. This about .64 of an acre in size. The lot size
is considered an existing non-conformity.
Title 11-3-3, Accessory Structures, limits properties zoned R-4 to have only one accessory struc-
ture not exceeding 850 square feet. The ordinance does allow one additional accessory structure
so long as it does not exceed 160 square feet in size. With the exception to the variance applica-
Planning Staff Report — Cases V01-83
December 17, 2001
Page 2 of 4
tion relating to placing an accessory structure nearer to the front property line than the principal
structure, the proposed 12-foot by13-foot accessory structure does comply with city ordinances.
The property is also located within the Mississippi River Corridor Critical Area Overlay District.
When considering a proposal for a variance or other applications within this Overlay District, the
Planning Commission and City Council shall address the following items in making their decision:
1. Preserving the scenic and recreational resources of the river corridor, especially in
regard to the view from and use of the Mississippi River.
2. The maintenance of safe and healthful conditions.
3. The prevention and control of water pollution, including sedimentation.
4. The location of the site with respect to floodways, floodplains, slopes and blufflines.
5. The erosion potential of the site based on degree and direction of slope, soil type,
and vegetative cover.
6. Potential impact on game and fish habitat.
7. Location of the site with respect to existing or future access roads.
8. The amount of wastes to be generated and the adequacy of the proposed disposal
systems.
9. The anticipated demand for police, fire, medical, and school services and facilities.
10. The compatibility of the proposed development with uses on adjacent land.
The City's Zoning Ordinance also requires that certain criteria and findings be met before granting
a variance (Title 11-2-7). A summary of the criteria established in Title 11-2-7 is described in Ex-
hibit B. The applicanYs response to these criteria is shown in Exhibit C.
Property Characteristics
This property at 8171 River Acres Road is a wooded lot that has 100 feet of frontage along the
public roadway and approximately 111.7 feet along the bank of the Mississippi River. A 24-foot by
32-foot accessory structure exists at the northwest corner of the property and is approximately 32
feet from the property's front property line and 6 feet from the west property line. The single family
dwelling is centrally located on the lot. The ISTS is located at the northeast corner of the home
and south side of the proposed 12-foot by 13-foot accessory structure. The private well servicing
the home is located south of the southeast corner of the property.
The walls and roof have already been constructed for this 12-foot by 13-foot accessory structure.
Windows, door, and roofing materials have not yet been installed. This work was perFormed with-
out a building permit and no building inspections were done. If the variance is granted by the City,
the property owner must obtain a building permit for this structure and pay twice the regular
amount. The double-fee is consistent with the building enforcement procedures for construction
without a valid building permit.
Neighborhood Characteristics
The majority of the homes in this general area were built between 1960 and 1975. Homes on the
south side of 113th Street and River Acres Road (former0ly named 115th Street) were con-
structed toward the rear portion of the properties so residents could take advantage of the scenic
view of the Mississippi River. Because the lots are relatively narrow, many of the side yards next
to the dwellings are narrow and generally wooded, thus making it impractical to place an acces-
sory structure in the side or rear yard area.
Planning Staff Report — Cases V01-83
Dec�mber 17, 2001
Page 3 of 4
There are approximately 67 homes along 113th Street and River Acres Road. Of these 67 resi-
dential lots, 19 accessory structures (28 percent) exist in front of the principal structure. Of these
19 accessory structures, staff found that only seven properties had a filed variance application. All
seven variance applications were approved by the City. Planning staff assumes that all other ac-
cessory buildings either pre-dated City ordinances and are non-conforming or were constructed in
violation of City ordinances.
Residential dwellings exist on both sides of the applicant's property and have similar front yard
setbacks. Property along the east side of Mr. Wellman's property has an accessory structure
closer to River Acres Road, but the residential property along the west side does not have an
accessory structure.
Mississippi National River and Recreation Area
Notice of this variance application was forwarded to the National Park Service on November 27,
2001. A response has not yet been received specifically for Mr. Wellman's variance application,
but they had commented on another application in 1997 (Richard Dunbar, 8285 River Acres
Road) that the request was compatible to the comprehensive management plan for the MNRRA
and the applicant's proposal would not be detrimental to blufflines and views of the river corridor.
Conclusion
There are two options available to the Planning Commission and City Council for disposition of
the request:
Approve the request. Planning staff supports the variance appfication relating to the front yard
setback requirements because the existing dwelling is approximately 122 feet from the front
property line and about 120 feet from the Mississippi River. Placement of the proposed accessory
structure in the rear yard would obstruct the view of the river from the house, additional trees
would have to be removed, and would appear to violate the minimum 100-foot setback from the
normal water elevation of the River.
Deny the request. Contrary to similar applications previously approved by the City, the variance
application could be denied because the property already has an accessory building in the front
yard area. Because City ordinance would allow another accessory building on the property so
long as it is less than 160 square feet, it is not recommended that this option be approved.
Recommendation
Planning staff recommends granting a variance to Title 11-2-7 of the City Codes to allow con-
struction of a 12-foot by 13-foot accessory structure to be located closer to River Acres Road than
the setback of Mr. Wellman's home. This recommendation is based on the following facts that
support this variance application:
The proposed accessory structure cannot be built in the side yards of the principal struc-
ture without removing additional trees and reducing the minimum side yard requirements.
If constructed on the sides or River side of the principal dwelling, it would be inconsistent
with the Critical Overlay District guidelines relative to the preservation of scenic views from
the River.
Planning Staff Report — Cases V01-83
December 17, 2001
Page 4 of 4
2. Variances to front yard setback requirements for accessory structures have been granted
to other properties in this particular neighborhood (House's Island View and House's River
Acre subdivisions) that have similar property characteristics (i.e. lot size, layout, etc.). The
findings of fact to other variance applications are similar to Mr. Wellman's situation.
3. The provisions of the Mississippi River Corridor Critical Area Overlay District were consid-
ered and it was determined that the proposed accessory structure will not adversely impact
any of the criteria listed in Title 11-15 of the City Codes.
4. The new 12foot by 13-foot accessory building will be farther away from the front property
line than the existing setback for the existing 24-foot by 32-foot accessory building that is
located in the northwest corner of the site.
5. This property and other neighboring properties are zoned R-4, Low Density Residential
and either have frontage along the Mississippi River or are situated along a bluff elevation
overlooking the River. Residential structures in this particular neighborhood were placed
on the lot to take advantage of the river view. For these reasons, the property has unique
conditions that would not generally apply to other areas zoned R-4 in the City.
Granting of the variance to Title 11-2-7 of the City Codes is subject to the following:
The applicant must receive a building permit to complete the construction of the 12-foot by
13-foot accessory structure and pay double the building permit fee amount for beginning
construction without a building permit and building inspections for the work already per-
formed.
2. The proposed accessory structure's floor elevation shall be a minimum of 700 feet above
mean sea level as established by Title 11-12-2(B) of the City Codes.
3. The exterior materials and color for the 12-foot by 13-foot accessory building shall be
consistent with exterior materials and color used for the existing 24-foot by 32-foot ac-
cessory structure and home located on this property.
Prepared by:
John McCool, AICP
Senior Planner
Attachments:
Exhibit A — Site Plan
Exhibit B — Variance Criteria
Exhibit C— Applicant's Response to Variance Criteria
Exhibit D— Building Permit Application
Exhibit C— Construction Plans for Accessory Structure
EXH I B IT A
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EXHIBIT B
ORDINANCE CRITERIA FOR VARIANCES
Title 11-2-7, Variances:
Where there are practical difficulties or unnecessary hardships in carrying out the strict
letter of the City Ordinances, a variance may be granted; provided that all the following
conditions are true:
1. The effect of the proposed variance upon the Comprehensive Plan and on the
character and development of the neighborhood is not . That granting of such
variance from the strict application of the provisions of the City's Zoning Ordinance
so as to relieve such difficulties or hardship to the degree considered reasonable
without impairing the intent and purpose of the Zoning Ordinance and the
- Comprehensive Plan.
2. Granting of the variance will not in any respect be contrary to or detrimental upon
the public health, safety, and general welfare of the community or injurious to other
land or improvements in the neighborhood in which the parcel of land is located.
3. The particular physical surroundings, shape or topographical conditions of the
specific parcel of land involved cause a particular hardship to the owner, as
distinguished from a mere inconvenience, if the strict letter of the regulation were
to be carried out. There are unique conditions that apply to the structure or land in
questions that do not apply generally to other structures or land in the same zoning
district.
4. The proposed variance will not impair an adequate supply of light and air to
adjacent properties, will not increase the congestion of the public streets, will not
endanger the public safety or will not diminish or impair property value within the
neighborhood.
5. The conditions upon which a petition for a variation is based are unique to the
parcel of land for which the variance is sought and not generally applicable to
other property within the same zoning classification.
6. The alleged difficulty or hardship must be caused by this article and not by any
person presently having an interest in the parcel of land.
The City may impose conditions and safeguards in granting any variance.
EXHIBIT C
ORDINANCE CR(TERIA — In order to aid in the application review process, piease give a DETAILED response
to the following criteria. Your abiiiiy to meet these findings are what the Planning Commission and City Councii
are required, in part, to base their review on, so be specific.
in order to grant a variance, ail of the following findings must be met:
A. There are unique conditions that apply to the structure or land in question that do not apply generally to other
structures or land in the same zoning district. Please the conditions that are unique.
a i i r � ,� - - -
i Ir i i - r -
� .�
�il � � t r i .r
� / ♦
�
C. Granting the variance must neither impair the public health, safety, comfort, or morals in any respect, nor be
contrary to the intent of the Zoning Ordinance or the Comprehensive Plan. Please identify any potential impact
the requested variance may have.
ApplicanYs Signature
Owner's
Date
� o �
Date
i�-i9-oi
The granting of a variance must not merely se►ve as a convenience to the applicant, but must be necessary ta
alleviate a demonstrable hardship or difficulty. Please identify the hardship or difficulty.
..�7 /.t ln; 4 �� �°i P ('/P!'�/ d , �� � u �� '�� � �D � �� � rt /�7`J'��
- ,�
� EXH I B IT D
City of Cottage Grove P � R . —
� BUfLDING PERMIT APPLICATlON �: —"—'
Construc�tion Site Address: �! 7 � /4; ve/' �c�eS �
Cm ri�a.9e �ro vc ,� /'7�1/
SSO /6
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MobiielEmail
�'«" I7'ar a.�_ �/'d1L� �d .5� Ol� Fax
Contractor � e � �
Legal Deaaiptioa; (Lot, 8bck, Subdivision)
��� R /�eus��;�
PIN
Contracto� License #
Work Phone
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CONSTRUCiION DATA
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RELEASE DATA
Pianning.
Comments
usa
Building
d
Other
' For IrH`ormatlon Cotrtad
Phone: (651) 458-2877 Fax: (681) 45&2881 Errfa7:: ButWing�CotfaBe-Q�v�e,org
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EXCERPT FROM UNAPPROVED MINUTES OF THE PLANNING
COMMISSION MEETING ON DECEMBER 17, 2001
6.1 CASE V01-083
Maynard Wellman has applied for a variance to allow construction of a 156 square foot
accessory structure in front of the principal structure at 8171 River Acres Road.
McCool summarized the staff report and recommended approval subject to the conditions
stipulated in the staff report.
Maynard Wellman, 8171 River Acres Road, stated that he had no comments but would
answer any questions from the Commission. There were none.
Willhite opened the public hearing.
Lindquist noted that a letter was received from Tony Wollschlager, 8222 River Acres Road,
stating that he had no problems with the proposed structure.
No one spoke. Willhite closed the public hearing.
Hudnut moved to approve the application subject to the conditions listed below.
Bailey seconded.
1. The applicant must receive a building permit to complete the construction of the
12-foot by 13-foot accessory structure and pay double the building permit fee
amount for beginning construction without a building permit and building
inspections for the work already performed.
2. The proposed accessory structure's floor elevation shall be a minimum of 700
feet above mean sea level as established by Title 11-12-2(B) of the City Codes.
3. The exterior materials and color for the 12-foot by 13-foot accessory building
shall be consistent with exterior materials and color used for the existing 24-foot
by 32-foot accessory structure and home located on this property.
Motion was unanimously approved.